People ex rel. L.A.

334 N.W.2d 62, 1983 S.D. LEXIS 330
CourtSouth Dakota Supreme Court
DecidedMay 25, 1983
DocketNo. 13737
StatusPublished
Cited by11 cases

This text of 334 N.W.2d 62 (People ex rel. L.A.) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People ex rel. L.A., 334 N.W.2d 62, 1983 S.D. LEXIS 330 (S.D. 1983).

Opinion

MORGAN, Justice.

The trial court below entered an order of termination which terminated J.A.’s parental rights of her daughters, L.A., ten years of age and W.A., six years of age. J.A. appeals from that order and we affirm.

The A. family, of which L.A. and W.A. are the youngest members, first came to the attention of authorities in the State of Florida in April, 1976. In October, 1976, all four children in the family (K.A., son, fourteen years of age at that time; P.A., daughter, twelve years of age; L.A., daughter, four years of age; and W.A., daughter, infant) were removed from the custody of their parents due to sexual abuse of the two oldest children. Subsequently, P.A. and W.A. were returned to the custody of J.A. and in June, 1979, J.A. and her two daughters moved to Rapid City, South Dakota. Later that year, L.A. who had been in foster care and receiving counseling for three years, was returned to the custody of her mother. South Dakota Department of Social Services (Department) supervised L.A.’s placement with J.A. In 1980, Department social workers noted the home situation had deteriorated. In June, 1980, a police officer picked up a lost child, W.A., then three years of age. He described W.A. as filthy, wearing a dress, but no shoes, socks, or underwear. The police officer finally located her house and although W.A. had been absent from her house for well over two hours, J.A. did not know she was missing. Another police officer reporting on this incident described the house as filthy, with animal feces and clothing on the floor, having a bad odor, and with dishes that had not been washed for several days.

In August, 1980, a Department social worker saw L.A. and W.A. a mile from J.A.’s house. The social worker immediately contacted J.A., who told the social worker that L.A. and W.A. had gone to the store a block and a half away. L.A. and W.A. were later found at a friend’s home. In March, 1981, J.A. left W.A., then four years of age, alone at home all day after 10:30 a.m. When L.A., then eight years of age, arrived home after school she and her sister went to the neighbors to stay until the police located J.A. In May, 1981, L.A. and W.A. went home one evening at 10:00 p.m. after playing with friends and found the house locked. It was raining and J.A. was not at home. L.A. and W.A. went to the neighbors who then called the Department. Department placed the children in foster care.

On August 31, 1981, Judge Grosshans of the Seventh Judicial Circuit adjudicated L.A. and W.A. as dependent and neglected children. Witnesses at the adjudicatory hearing testified to the poor condition of the house, that the house was filthy, with animal feces, cockroaches and maggots, and [64]*64testified to J.A.’s lack of supervision of her children. Witnesses also testified to the condition of the children, that they were dirty, hungry, and inappropriately dressed for winter weather. At the adjudicatory hearing the circuit court awarded custody to Department. On October 13, 1981, the circuit court terminated J.A.’s parental rights over L.A. and W.A. J.A. appeals from that order of termination.

The issues on this appeal are whether the trial court applied the proper standard of proof at the adjudicatory and dispositional hearings and also, whether the evidence presented by the State meets this standard of proof.

Initially, we note this was an appeal from an order subsequent to a dispositional hearing which was held pursuant to SDCL 26-8-22.10. When a court previously adjudicates a child to be neglected or dependent, the court thereafter must enter a decree of disposition. SDCL 26-8-35. A dispositional order is the final order in a dependency or neglect proceeding. An order of adjudication subsequent to an adjudicatory hearing, see SDCL 26-8-22.10, is not a final order but may be appealed as an intermediate appeal by leave of the court. See SDCL 15-26A-3(6); SDCL 15-26A-13. As we have firmly held, separate findings of facts and conclusions of law are required for adjudicatory and dispositional orders. Matter of 299 N.W.2d 812 (S.D.1980) aff’d on appeal after remand, 316 N.W.2d 650 (S.D.1982); People in Interest of P.M., 299 N.W.2d 803 (S.D.1980); People in Interest of D.C., 252 N.W.2d 232 (S.D.1977); Matter of S.J.Z., 252 N.W.2d 224 (S.D.1977); Matter of A.P., 248 N.W.2d 878 (S.D.1976). See Matter of K.A.B.E., 325 N.W.2d 840 (S.D.1982). Although J.A. appeals only from the dispositional order, since it is the final order in the dependency and neglect proceeding, the adjudicatory order is also before us on this appeal.

The first issue on appeal is whether the trial court applied the correct standard of proof at the adjudicatory hearing. In Santosky v. Kramer, 455 U.S. 745, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982), the Supreme Court held that the correct standard in fact-finding and dispositional proceedings to permanently terminate parental rights is “clear and convincing” evidence. Thereafter, this court in People in Interest of S.H., 323 N.W.2d 851 (S.D.1982), adopted the “clear and convincing” standard of Santo-sky. Interest of S.H., supra, was an action to terminate parental rights involving an appeal from adjudicatory and dispositional orders. This court in S.H. remanded both orders in light of Santosky’s requirement to apply the “clear and convincing” standard.

Previous to Santosky and S.H., the standard applied at an adjudicatory proceeding was by “preponderance of the evidence.” See People in Interest of T.L.J., 303 N.W.2d 800 (S.D.1981). Since the adjudicatory hearing before us was held prior to the Santosky and S.H. decisions, the trial court applied the preponderance of the evidence standard.

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334 N.W.2d 62, 1983 S.D. LEXIS 330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-la-sd-1983.